Gareth Thomas: Today my noble Friend the Parliamentary Under-Secretary of State for Communications, Technology and Broadcasting made the following statement:
	I am pleased to confirm the agenda items for which BERR has responsibility at the forthcoming Transport, Telecommunications and Energy Council (Telecoms Council) in Brussels on 27 November 2008.
	The first substantive item on the agenda is the review of the EU regulatory framework for electronic communications networks and services, which is on the agenda for a political agreement. The French presidency is working hard to achieve agreement on the three elements of this package: amending the directives on a common regulatory framework, authorisation and access—often referred to as the Better Regulation directive; amending the directives on universal service, users rights and e-privacy—often referred to as the citizens' directive; and the regulation on the new European Electronic Communications Market Authority.
	Although at present we still expect a political agreement to be reached on the whole package, there remains some doubt whether concerns by some member states on individual issues, such as on functional separation, may lead to the better regulation package to be rejected. There is more confidence on the citizens' rights package and on the authority, where there have been significant improvements over the last few months better reflecting UK objectives. The proposed authority no longer has a role in spectrum management or in security and is a smaller, more efficient and independent body intended to be a disseminator of best practice to the 27 national regulatory authorities (NRAs). However, the Commission continues to propose the creation of an agency, giving rise to concerns that it would not be properly independent, and would risk becoming bureaucratic and inefficient. This is unacceptable to the UK, and I shall confirm this point.
	The French presidency compromise text proposes the formalisation of the European Regulators' Group (ERG) in Community law and supported by a separate secretariat. This is much more concordant with UK objectives for the creation of a small and efficient source of independent regulatory expertise which would not be subject to external influence. I will consequently be strongly supporting the presidency compromise text at the Council, and urging other member states to do the same.
	The citizens' directive has also improved; it no longer risks extending privacy obligations on to private networks, includes greater powers for NRAs to protect citizens and consumers and contains more robust protection for disabled users.
	The Better Regulation directive is where the French presidency is focusing its last minute efforts, and the UK is also been working extremely hard to realise our own objectives. However, given the potential this package has to deliver real economic benefits to every European citizen and enterprise, and the time pressures we are under to reach an agreement before the current term of the European Parliament expires, there is a real need to balance our outstanding concerns against the need to give the presidency—now the French, shortly to be the Czech Republic—the necessary mandate to negotiate of behalf of all member states with the European Parliament and the European Commission.
	In my interventions on the regulatory framework I intend, while congratulating the presidency on its hard work and achievement in bringing forward these near agreed texts, to express concern that on several substantive issues the approach being taken is neither conducive to enhanced competition across the European Union nor better regulation. I will particularly highlight, though this will depend on the exact detail in the final texts, our disappointment that there is not more robust language on the political independence of regulators, the liberalisation of spectrum or on functional separation as an access remedy.
	This package is subject to co-decision, so the final text voted upon at the Council will have to be negotiated and compromised with the European Parliament, who share many of the UK's objectives. The Commission, who will also have a key role in these co-decision negotiations, also share many of the UK objectives.
	I will endeavour to keep you informed at these key stages, but subject to developments over the coming days I am likely to reserve the UK position on these elements of the package, pending a better outcome in the forthcoming discussions with the European Parliament and the European Commission.
	Following this, there will be discussion on the general approach of proposals for amending the regulations on roaming on public telephone networks.
	I fully support the aims and objectives of the proposal, with its rationale of consumer benefit and protection. I consider that the proposed price caps for voice calls and SMS messages strike the right balance between the consumer's interest in low prices, and the operators' legitimate aspirations for the profit margins which are the foundation for sustainable and innovative services. It should be noted that these caps are concordant with those considered appropriate by both the European Regulators' Group and our own telecoms regulator, OFCOM.
	I also concur with the need to avoid 'bill shock' for those downloading data on their mobiles when abroad, albeit tempered by the need to ensure that transparency, meaning the customer being aware of what they might be billed, can be provided without disproportionate cost or complexity. The UK has consequently submitted alternative text introducing a flat-rate charge which we consider will reduce the need for costly and possibly ineffective systems changes. I will be speaking in support of this approach and the rationale for it.
	I also agree with the Commission that the rapid evolution of the data market, coupled with the existence of alternative sources of supply—such as wi-fi hotspots—means that it would be inappropriate to consider retail price controls for data at this stage. I will be speaking in support of the Commission on this point at Council, should others move to include retail price controls for data.
	At the House of Lords' Scrutiny Committee hearing of 17 November 2008, I explained some of the history of the roaming regulation and that the national regulatory authorities had requested that the Commission act to address a cross-border issue that could not be tackled effectively by individual member states. I also explained why it was better to set a maximum price cap rather than an average one, as the latter would reduce the possibility of competitive pricing between suppliers. There are also practical difficulties associated with introducing an average cap as price controls effectively take money out of the market that could be used for investment and could lead to higher prices. We also discussed the possible 'waterbed' effect of roaming caps; and although the evidence is largely anecdotal at the moment, we have seen some increases in pre-pay domestic rates, but elsewhere competition has limited price increases. We will, of course, continue to monitor this situation.
	This will be followed by a presentation from the Commission and discussion on second periodic review of the scope of universal services in communications networks. I am pleased that this is on the agenda as I recently deposited an explanatory memorandum about this communication. As you will be aware, I have welcomed the initialisation of this debate on broadband as a universal service given the importance of broadband in the Digital Britain work the Department is engaged on. I am confident the debate will identify the best way forward for the European Union on this important issue, not least on such aspects of funding options, whether there should be a minimum capacity for all citizens and how member states should avoid anticompetitive situations.
	During the Council debate I intend to intervene briefly to welcome the Commission communication and to outline some of the thinking taking place in the UK around the importance of broadband as an economic and social driver.
	The final item of substance is adoption of the Council conclusions on future networks and the internet. The UK objective for this agenda item is to ensure that the Commission proposals provide a suitable basis for ensuring that the future internet remains open and hence innovative and friendly. It is also necessary to set a marker ensuring that the six forthcoming proposals highlighted in the conclusions of the communication remain technology and service neutral.
	I believe that it is important to engage all the relevant stakeholders in the broadband, next generation network debate and to examine all the relevant areas including private investment, economic and social value, regulation and the public sector. Currently I am of the view that roll-out of NGNs in the UK should be private sector led and that public sector should limit its interventions to addressing clear market failures.
	On the 'internet of things' I believe that the seamless connection of devices and sensors to everyday items through fixed and wireless networks will have a profound impact on society in the future, particularly in the way that they interact with individuals, businesses and governmental organisations. I agree with the European Commission that security and privacy issues are of prime importance and that it is imperative that these features are designed into systems and infrastructures, and thus EU research and development funding should be directed into this area.
	I do not plan to intervene in any debate there might be on this item unless there are any attempts to unpick the conclusions.

Meg Hillier: The Justice and Home Affairs Council is due to be held on 27 and 28 November 2008 in Brussels. My right hon. Friend the Home Secretary, my noble Friend the Parliamentary Under-Secretary of State for Justice (Lord Bach) and the Scottish Cabinet Secretary for Justice (Kenny MacAskill) intend to attend on behalf of the United Kingdom. As the provisional agenda stands, the following items will be discussed:
	The Council will concentrate on interior and justice issues. The first day of the Council will focus on interior items, starting with the Mixed Committee also attended by Norway, Iceland and Switzerland. During the Mixed Committee Switzerland's accession to Schengen will be discussed. The UK supports Swiss accession into the Schengen area. There will also be a presentation by the presidency on the second generation Schengen information system (SIS II) in order to update member states on progress.
	At the Council meeting Gilles de Kerchove, the counter-terrorism co-ordinator, will present his six-monthly report and discussion paper. The UK welcomes the report and de Kerchove's work, in particular his objectives on radicalisation and recruitment, communications, an EU strategy on data sharing, action on and funding for Pakistan, and efforts to work with Turkey on the PKK.
	The Council will be asked to approve Council conclusions on a cybercrime strategy. These conclusions propose that the EU should work collectively to tackle cybercrime, and set out a number of actions that might be useful in achieving this. The proposals envisage that the EU member states should strengthen partnerships between Government and private sectors, and between law enforcement agencies within the EU.
	The Council will be asked to approve the presidency's report on progress with the EU PNR framework decision and provide a clear mandate for negotiations to continue under the Czech presidency. The UK will support this mandate and believes future negotiations should build on the successful work of the French presidency.
	The presidency will ask the Council to endorse draft conclusions aimed at strengthening law enforcement action against drugs trafficking in West Africa. We fully support this initiative and will aim to ensure UK objectives are reflected in the Council conclusions.
	On civil protection, the presidency will report on the work on European civil protection to be undertaken during the Czech and Swedish presidencies. Draft Council conclusions on European disaster management training will be discussed, which include proposals for arrangements to link training centres in a network. The UK welcomes such a proposal, which could help to enhance co-operation and the exchange of good practice across all aspects of disaster management. Draft Council conclusions on the strengthening of civil protection capabilities through a system of mutual assistance will also be discussed. These call for voluntary measures to improve co-operation in disaster response, which could enable more rapid and effective mutual assistance to be made available through the civil protection mechanism. The UK also welcomes this.
	The presidency will report on the discussions held at the annual Western Balkans ministerial forum in Zagreb on 6 and 7 November. This forum aims to promote dialogue and regional co-operation in justice and home affairs matters, particularly combating organised crime and organised immigration crime. The UK sent two officials as observers.
	Regarding migration, the presidency will brief on the outcomes of the second Euro-African conference on migration and development to be held in Paris on 25 November. The draft Council conclusions on the comprehensive approach to migration will be discussed. The UK is pleased that the global approach to migration, initiated by the UK presidency in 2005, remains the basis for the EU's work on migration with third countries. The UK believes that these conclusions also help ensure that we collectively understand and have put in place measures to tackle the challenges to delivery of improved partnerships with source and transit countries.
	The Council will be asked to endorse the final conclusions of the Vichy ministerial conference on integration held on 3 and 4 November. The UK can agree with the document as it stands.
	The presidency will update the Council on negotiations on a Council directive that provides for a single application procedure for third-country nationals seeking to reside and work in a member state and for a common set of rights. The UK is not opting in to the proposed directive.
	The presidency is looking to agree the proposal for amending Council directive 2003/109/EC which currently allows third-country nationals the right to long-term residence in a member state after five years of legal and continuous residence and permits them to have the same rights and duties as nationals. The Commission proposal would extend the scope of the directive to refugees and beneficiaries of subsidiary protection, known as humanitarian protection in the UK. The UK has chosen not to opt in to the proposed extension of the directive because, as with the original directive, the UK believes it is not in line with its frontiers protocol and would want to determine the status of third-country nationals via the immigration rules.
	The Council will discuss the proposal to amend the regulation on common consular instructions on visas which relates to the issuing of Schengen visas into a single code on visas. It aims to fill gaps in existing legislation and remove redundant provisions. The UK does not issue Schengen visas and therefore is not opted-in to this proposal.
	However, we welcome the efforts of Schengen member states to ensure that the Schengen external EU borders are as secure as possible.
	The proposal to amend Council Regulation No. 2252/2004 establishing common standards for security features and biometrics in passports and travel documents will also be discussed. Member states wish to exclude children under the age of six years and persons who are physically unable to give fingerprints for travel documents. The amendment also hopes to establish the principle of "one person one passport" as a measure to prevent child trafficking. The UK is not opted-in but intends to keep abreast with any amendments. The UK does not support the exemption of persons under the age of six but would prefer the bar to be set at 11—this would fit with our plans for synchronising the issuing of e-passports and ID cards. Children's passports would have a five-year validity and all passport holders aged 16 and over will have their fingerprints recorded. The UK introduced the "one person one passport" principle in 1998.
	The European Commission will present the initial findings of the fact-finding mission to Syria and Jordan to investigate the Iraqi refugee situation.
	The Council will discuss issues relating to the application of the directive on free movement. The UK will call for a common approach to addressing false marriages, illegal immigration and expulsion of those who abuse free movement rights. This will build on the discussion on the European Court of Justice Metock judgment held at the JHA Council of 25 September, and will feed into preparation of the Commission's review of the implementation of the directive on free movement, due to be published by the end of the year.
	The presidency will seek a general approach to the proposed decision amending the existing arrangements for the European Judicial Network in civil and commercial matters. This proposal has been considerably modified in line with UK objectives and we can now support it.
	They will also ask the Council to agree to conclusions concerning the common frame of reference in contract law. The Government are broadly in favour of the Council conclusions.
	The Council will be asked to agree a plan of action covering co-operation in the field of e-justice. We can support this initiative.
	Agreement will also be sought for the setting up of a network for legislative co-operation among the Ministries of Justice of the member states. This modest, non-legislative measure is designed to facilitate contacts among Ministries of Justice and promote exchange of information about initiatives in the different member states. The Government can support it.
	The presidency will seek a general approach towards the proposed framework decision setting up a European supervision order, allowing, in effect, for the mutual recognition of bail conditions. This will allow for a person who is resident in one member state, but the subject of criminal proceedings in another, to have their bail conditions monitored in their member state of residence. No such system exists at present, with the effect some individuals are released pre-trial without supervision. The Government have been concerned to ensure that the proposal struck the right balance between public protection and the liberty of the individual, and provided the executing state with sufficient options to act in the public interest in the event of breach of bail conditions or the commission of further offences. The Government welcome the improvements to the text that have been achieved in the course of negotiations and, subject to any further changes to the text before the Council, expects to be in a position to agree to the proposal.
	The Council will be asked to agree the draft conclusions on child alerts, which invite member states to introduce and develop national mechanisms for alerting the general public in the event of a presumed abduction of a child whose safety is seriously compromised. The UK is happy to agree the draft conclusions.
	There is a substantial list of "A" points—issues on which agreement in principle has been reached already but are before the Council for formal adoption without discussion. These will include:
	a draft decision authorising the Commission to negotiate with Georgia a readmission agreement between the European Community and Georgia;
	Council decisions on Eurojust and the European Judicial Network in criminal matters;
	the framework decision on data protection, and
	the framework decision on the transfer of prisoners.

Electronic Data Systems (Lost Data)